1. About These Customer Terms

These Customer Terms apply when you create or use a Customer Account, contact a Studio or make a Booking through Pixelly. They form a legally binding agreement between you and Pixelly Ltd ("Pixelly", "we", "us" or "our") for Pixelly's marketplace services. They also contain standard Booking terms that Studios agree to through the Studio Terms. The Studio, not Pixelly, supplies the Creative Services.

The Pixelly Website Terms of Use ("Website Terms") also apply when you use Pixelly. These Customer Terms set out the specific terms that apply to Customer Accounts, marketplace enquiries and Bookings. Our Privacy Policy explains how Pixelly collects, uses and protects personal information. All Pixelly terms and policies apply subject to any rights or requirements that cannot be excluded or limited by law.

These Customer Terms will be made available in a format that you can save or keep for your records.

2. Definitions

In these Customer Terms:

"Booking" means a Booking accepted by the Studio and confirmed by Pixelly;

"Booking Date" means the agreed date or start date of the Creative Service;

"Booking Completion Date" means the date on which the Creative Services under the Booking are due to be completed;

"Booking Price" means the Studio's price for the Creative Services, excluding the separate Pixelly Service Fee;

"Total Booking Cost" means the Booking Price plus any mandatory Pixelly charges; and

"Creative Services" means photography, videography, editing, content creation and other related services offered through Pixelly.

3. Accounts and Choosing a Studio

You must be at least 18 years old and legally able to enter into the relevant contract. You must provide accurate Account and Booking information, keep your contact details current and protect your login details. Unless Pixelly expressly permits otherwise, you may maintain only one Customer Account.

If you create or use a Customer Account on behalf of a business or other organisation, you confirm that you have authority to act for and bind it. In that case, references to "you" and the "Customer" include that business or organisation where the context permits.

You can browse public Studio profiles without an Account, but you need a Customer Account to send enquiries, send messages or request a Booking. Studios listed on Pixelly must be established in the United Kingdom, and any on-location shoot or other in-person Creative Service booked through Pixelly must take place in the United Kingdom.

Studio profiles, portfolios, service descriptions, availability, prices and other listing information are supplied and maintained by Studios. Pixelly may carry out verification and moderation checks, but a verification status confirms only the check or status described by Pixelly and is not a guarantee or endorsement of a Studio's quality, suitability, availability or future conduct. You remain responsible for deciding whether a Studio and Creative Service meet your requirements.

4. Booking Request and Contract Formation

Bookings are made through Pixelly by submitting a Booking request to the chosen Studio. As part of the Booking process, you will provide the relevant service, date and any other information or options required for the Booking.

Before you submit the Booking request, Pixelly will show you the key Booking details, the Total Booking Cost, the amount due at that stage, any mandatory fees and the applicable cancellation information. You will have an opportunity to review and correct the Booking details before proceeding.

The required deposit or other payment will be authorised or taken through Stripe, as shown during checkout. The Studio will then review the Booking request and must actively accept it before the Booking is confirmed.

The contract for the Creative Services is formed electronically between you and the Studio when the Studio accepts the Booking request and Pixelly issues the Booking Confirmation. Pixelly will then provide you with an electronic record of the confirmed Booking details, including through your Customer Account and/or by email. No separate paper contract will be issued.

If the Studio declines the Booking request, the request expires or the Booking cannot otherwise be confirmed, any payment authorisation will be released and any amount already taken will be refunded, subject to the processing times of the relevant payment provider.

The Booking Confirmation records the specific details agreed for the Booking, including the Studio, Creative Services, date, time, package and price. The applicable listing or package details also form part of the agreement between you and the Studio.

A Studio may provide supplementary terms relating to its Creative Services, including service procedures, delivery times, editing or revision arrangements, access requirements and usage rights. Any supplementary terms intended to form part of the Booking must be made available before the Booking is confirmed and must be fair, transparent, lawful and not misleading. Once validly incorporated, those terms form part of your agreement with the Studio and you must comply with them.

The Studio must not introduce new or materially different supplementary terms after the Booking has been confirmed unless you agree to them. Studio supplementary terms may deal with service-specific matters but must comply with the applicable Pixelly terms and with any rights or requirements that cannot lawfully be excluded or restricted.

Pixelly does not draft, approve or become a party to a Studio's supplementary terms merely because they are displayed or made available through Pixelly.

5. Booking Price, Pixelly Service Fee and Payments

The Studio sets the Booking Price for the Creative Services. Pixelly currently charges a Service Fee equal to 2.5% of the Booking Price for operating the Booking system, payment system and facilitating the marketplace transaction. The Total Booking Cost shown to you will include this mandatory Service Fee, with the Studio price and Pixelly fee shown as a breakdown.

The Pixelly Service Fee is charged proportionately as you make payments and does not exceed 2.5% of the Booking Price in aggregate. Outside any statutory cancellation right, the Service Fee is not normally refunded if you cancel a confirmed Booking because Pixelly has provided the marketplace, Booking system and payment-facilitation service, unless Pixelly expressly provides otherwise. Where mandatory law gives you a right to cancel Pixelly's own marketplace service, Pixelly will refund the Service Fee or retain only any proportionate amount that the law permits for service already supplied following any required express request to begin early. If the Studio cancels and you do not accept a reschedule, section 9 applies and the Service Fee is refunded. Pixelly does not add a further Service Fee solely because it collects an outstanding Customer cancellation charge.

Unless the Booking page states otherwise, you pay a 20% booking deposit of the Booking Price when you submit the Booking request. This is a booking deposit; the amount that may be retained if you later cancel is determined by section 7 and mandatory law rather than being absolutely non-refundable. The remaining 80% may be paid from 90 days before the Booking Date and must be paid no later than 30 days before the Booking Date. If you make a Booking 30 days or less before the Booking Date, the full Booking Price is payable through the Booking flow.

Payments are processed through Stripe. Your full card details are provided directly to and held by Stripe and are not received or stored by Pixelly. If a balance payment fails or is not paid when due, Pixelly may retry payment where you have authorised the relevant payment method and may ask you to remedy the failure. If it remains unpaid after reasonable notice and an opportunity to remedy the failure, the Booking may be treated as cancelled by you and the applicable cancellation charge may still be payable.

6. Studio Payout Timing and Payment Holds

Funds remain within Stripe's payment infrastructure pending Studio payout under Pixelly's marketplace rules. After the Booking has been completed, the Studio payout process may begin at the earlier of: (a) you and the Studio both confirming through Pixelly that the Booking has been completed; or (b) seven days after the Booking Completion Date, provided no complaint, dispute, refund request, fraud concern, chargeback or other issue requiring review has been raised.

The period before payout allows you to raise any concerns about the Booking before the Studio's payment is released. Where a relevant issue is raised, or a verification, legal or payment-provider requirement applies, Pixelly may pause or delay the payout while the circumstances and any relevant evidence are reviewed.

You may still raise a complaint after the Studio has been paid, and release of the payout does not affect any legal rights or remedies you may have. However, once the Booking Price has been paid out to the Studio, Pixelly will not ordinarily be able to refund the Booking Price on the Studio's behalf. Any refund or other remedy due in relation to the Creative Services will remain the responsibility of the Studio, although Pixelly may provide reasonable assistance in facilitating the complaint or communication between you and the Studio.

7. Customer Cancellations

The cancellation terms that apply depend on the type of Creative Service booked. Before you submit a Booking request, Pixelly will identify the applicable Booking category and show the corresponding cancellation terms. The percentages below are maximum standard contractual charges. These cancellation charges apply subject to any rights you may have under applicable consumer law. A standard charge may be reduced where applying it would materially exceed the Studio's reasonable loss. Studios must take reasonable steps to reduce their loss and may not recover twice for the same loss.

The examples below are intended as a guide and are not exhaustive. The classification shown during the Booking process will apply to the Booking, subject to any rights that cannot be excluded or restricted by law.

7.1 Fixed-date leisure Bookings

This category generally applies to Creative Services booked for a specific date or period primarily for personal, recreational or leisure purposes. Examples may include weddings, engagements, family or maternity shoots, private celebrations, parties and other personal events.

7.2 Fixed-date non-leisure Bookings

This category generally applies to Creative Services booked for a specific date or period primarily for business, commercial or professional purposes. Examples may include property and estate-agency photography, product photography, corporate photography or videography, commercial content creation, branding shoots and other business-related services.

7.3 Flexible non-leisure work

This category generally applies to Creative Services that can be completed flexibly and do not require the Studio to reserve a specific attendance date or time. Examples may include editing, retouching, post-production and similar remote creative work.

Because these services are not tied to a reserved date or Studio time slot, any cancellation charge will reflect the work already carried out and any reasonable, unavoidable costs incurred by the Studio. If you cancel before work begins, no Studio charge will normally apply other than any reasonable unavoidable costs. If work has already started, the Studio may charge a reasonable amount for the work completed and any unavoidable costs incurred. If the Creative Services have been fully performed, the agreed Booking Price may be payable.

7.4 How a cancellation charge is applied

Any amount you have already paid towards the Studio service is credited against the applicable cancellation charge. If you have paid more than the lawful cancellation charge, the excess Studio-service amount will be refunded, subject to payment-provider processing times. If you have paid less than the lawful charge, you may remain responsible for the difference. Where you have authorised a payment method for later Booking payments or agreed charges, Pixelly may attempt to collect an outstanding cancellation amount in accordance with applicable payment rules.

To cancel a Booking, use the cancellation method shown in the Booking. If that method is unavailable, contact Pixelly through the Enquiries form as soon as possible. Pixelly will provide confirmation of the cancellation in a form you can keep where required.

8. Consumer Cancellation Rights

If you are an individual acting wholly or mainly outside your trade, business, craft or profession, you may have statutory consumer cancellation rights in addition to these Terms. Business Customers do not receive consumer cancellation rights merely because a Booking was made online.

A general 14-day cancellation right can apply to many service contracts made online. However, the Consumer Contracts Regulations contain exceptions, including for services related to leisure activities where the contract provides for a specific date or period of performance. A fixed-date personal photography or videography Booking may fall within that exception depending on its actual nature and purpose; Pixelly does not treat every Creative Service as automatically exempt.

Where a statutory 14-day right applies and a Studio or Pixelly is to begin providing a relevant service during that period, Pixelly will obtain any express request, consent or acknowledgement required by law. If you cancel after a service has started following a valid early-performance request, you may have to pay a proportionate amount for service already supplied. A statutory cancellation right can be lost after full performance only where the legal conditions for that result have been met. Any statutory right that gives you a better outcome than section 7 takes priority, including in relation to the Pixelly Service Fee.

9. Studio Cancellations

If the Studio cancels a confirmed Booking or cannot provide the agreed service, it must notify you and Pixelly promptly. The Studio may offer a reschedule where appropriate, but you do not have to accept it. If you do not accept a reschedule, all amounts you paid for that Booking will be refunded, including the Pixelly Service Fee. This does not affect any additional rights you may have under applicable law.

If you are a consumer, the Studio must also provide the Creative Services with reasonable care and skill and comply with other mandatory consumer-service rights. Depending on the circumstances, statutory remedies may include repeat performance or a price reduction. Nothing in these Terms limits those rights.

A Studio cancellation notified before the scheduled start does not by itself make the Booking eligible for a Studio review. A Studio no-show may be review-eligible in the circumstances described in section 13.

10. Booking Changes and Your Responsibilities

You can ask the Studio to change the date, time, scope or other Booking details, but the Studio is not required to agree unless mandatory law provides otherwise. A change is effective only when accepted and recorded or confirmed through Pixelly. If a material change cannot be agreed, the cancellation rules may apply.

You must provide accurate information that materially affects the service, make required access or materials available at the agreed time and place, follow reasonable safety and legal instructions, treat Studio personnel and property appropriately, and obtain permissions that the Booking says are your responsibility. If your conduct makes the service unsafe, unlawful or materially different from what was booked, the Studio may reasonably stop or refuse the affected part of the service, subject to applicable law.

11. Information About Other People

If you provide Pixelly with personal information about another person, you must be entitled to provide it and it must be relevant and reasonably necessary for the Booking or your use of Pixelly. You must provide that person with any information about the use of their data that you are legally required to provide. Pixelly's Privacy Policy explains how Pixelly handles information received about someone from another source.

12. Deliverables, Intellectual Property and Portfolio Use

Your Booking should state the main deliverables and any specific usage rights. Unless the Booking states otherwise, copyright in original creative work produced by the Studio remains with the Studio and you receive a non-exclusive, perpetual licence to use the agreed deliverables for the purpose reasonably contemplated by the Booking. If you need ownership, exclusivity, commercial advertising rights, raw files or another specific licence, this should be included before the Booking is confirmed.

You retain rights in materials you provide and give the Studio limited permission to use them as necessary to provide the Booking. You must have the rights and permissions needed to provide those materials. A Studio must not assume that booking a service automatically gives it permission to use identifiable images or video from your Booking in its portfolio, advertising or social media. Where consent is required, portfolio or marketing use should be separately agreed and recorded.

If deliverables are made available through Pixelly, you should download them within the availability period shown. Unless a different period is stated for the Booking, Pixelly generally makes Booking deliverables available for 30 days from upload.

13. Communications, Reviews and Website Rules

You must comply with the Website Terms when using messages, reviews and other marketplace features. The Website Terms contain the general rules on acceptable use, illegal content, fake or misleading reviews, incentives and content moderation. Pixelly's Privacy Policy explains how messages, Booking information and files may be stored and accessed.

A review of a Studio may only be submitted by a Customer whom Pixelly identifies as eligible in connection with a genuine Pixelly Booking. Subject to the review functionality made available, a Customer will ordinarily become eligible to review after the Studio has completed the Creative Services. A Booking that is cancelled before the scheduled start does not become review-eligible merely because it was confirmed.

If a Studio fails to attend or provide the agreed service at the scheduled time without prior notice and without a reasonable explanation accepted by Pixelly after review, Pixelly may treat the incident as a Studio no-show and may permit the Customer to review that experience. Pixelly may request information reasonably needed to verify review eligibility or investigate suspected manipulation. Genuine negative feedback will not be removed merely because the Studio disagrees with it.

You must not create, commission or arrange a fake or misleading review, manipulate ratings or review activity, or offer, request, accept or arrange payment, discounts, gifts, benefits or any other incentive in exchange for a review. Reviews must reflect the reviewer's genuine experience and comply with the Website Terms.

14. Complaints and Disputes

If there is a problem with the Creative Services, contact the Studio through Pixelly and give it a reasonable opportunity to respond where appropriate. You may also contact Pixelly for marketplace assistance through the Enquiries form. Pixelly may request relevant evidence and facilitate communication, refunds or payment administration, but does not act as a court or arbitrator and does not become the supplier of the Creative Services.

Pixelly may pause or adjust payment administration while a complaint, refund request, chargeback, suspected fraud or other relevant issue is reviewed. Any decision by Pixelly about marketplace administration does not prevent you or the Studio from relying on legal rights or remedies available to you against each other.

15. Account Restriction and Closure

You may stop using Pixelly and request closure of your Customer Account, subject to any active Booking, outstanding payment, dispute or legal retention requirement. Pixelly may restrict, suspend or close an Account where reasonably necessary because of fraud, abuse, threats, repeated non-payment, misuse, legal requirements, security concerns or material breach of these Terms or the Website Terms.

Closing an Account does not automatically cancel an existing Booking or remove an outstanding payment or cancellation obligation. Where Pixelly restricts an Account for a safety, fraud, legal or regulatory reason, Pixelly may limit access or communications and may cancel or refund an affected Booking where it cannot safely or lawfully continue, taking account of the circumstances and the parties' mandatory rights.

Inactive Accounts

If you have not accessed your Customer Account for 12 consecutive months, Pixelly may contact you using the email address registered to your Account to let you know that the Account is due to be closed. You will normally be given at least seven days from the date of that notice to sign in to your Account if you wish to keep it open.

If you do not access your Account within that period, Pixelly may close the Account. We will not close an Account under this process where there is an active Booking, unresolved complaint or dispute, outstanding payment or other matter that reasonably requires the Account to remain active.

Closing an Account does not necessarily result in the immediate deletion of all information associated with it. Pixelly may retain information where required for legal, regulatory, tax, fraud-prevention, dispute or other legitimate purposes. Personal information that is no longer required will be deleted or anonymised in accordance with our Privacy Policy.

16. Pixelly Liability

Nothing in these Terms affects rights or liabilities that cannot lawfully be excluded. If you are a consumer, Pixelly is responsible for foreseeable loss caused by Pixelly breaching its own contract with you or failing to use reasonable care and skill in providing its marketplace service. Pixelly is not the supplier of the Creative Services and is not responsible for a Studio's artistic choices, independent performance or breach of the Customer-Studio contract, except to the extent a loss was separately caused by Pixelly's own breach or negligence.

Pixelly does not exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited. If you use Pixelly wholly or mainly for business purposes, Pixelly will not be liable for indirect or consequential business loss, loss of profit, revenue, goodwill, opportunity or anticipated savings, except where the law does not allow that exclusion.

17. Changes to These Customer Terms

Pixelly may update these Customer Terms for legal, regulatory, security, operational or service reasons. If a change materially affects your rights or obligations, Pixelly will give reasonable notice and may require you to accept the revised Terms before continuing to use relevant features. A change will not retrospectively alter the material commercial terms of a Booking already confirmed, including the applicable Booking Price or cancellation table, unless the law requires it or you and the Studio agree to the change.

18. Governing Law

These Customer Terms and your contract with Pixelly are governed by the law of England and Wales. If you are a consumer, you retain mandatory protections available under the law that applies where you live and any right to bring a claim in a court available to you under applicable consumer law. The Customer-Studio contract is also intended to be governed by the law of England and Wales unless the Booking states otherwise or mandatory law requires a different result.

19. Print Orders

Some Studios offer photographs from their gallery as physical prints. You ask the Studio for a price using the print request form, choosing the size and frame option the Studio offers. The Studio then sends a price made up of the print price, delivery and Pixelly's Service Fee at the rate in force when the price is sent.

You are not committed to anything and owe nothing until you accept that price and pay. You may decline or ignore a price at no cost. If a Studio begins making a print before you have accepted and paid, it does so at its own risk and cannot charge you for it.

Once you have accepted and paid, the print is produced to the size and frame option you chose. It is therefore a bespoke, made-to-order item, and no change-of-mind cancellation right applies. The amount paid, including delivery and the Service Fee, is not refundable because you change your mind.

This does not affect your rights where something goes wrong. If a print arrives faulty, damaged in transit, in the wrong size or frame, not as described, or does not arrive at all, the Studio must put it right by repeat production, replacement or refund, and your statutory rights under the Consumer Rights Act 2015 are unaffected. If the Studio cancels or cannot fulfil the order, you are refunded in full, including delivery and the Service Fee.

Contact and Company Details

Pixelly Ltd

Company number: 17224613

Registered in: England and Wales

Customer support and complaints: use the Enquiries form

General contact email: hello@pixelly.uk

Website: www.pixelly.uk